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SC issues notice to frame "model builder agreement" to protect flat buyers

SC issues notice to frame model builder agreement to protect flat buyers

New Delhi: The Supreme Court on Monday issued a notice to the Centre to frame a "model builder agreement" and agent-buyer agreement in the real estate sector.

The order came after a plea sought direction to infuse transparency and fairness, restraining builders and agents from indulging into unfair and restrictive trade practices.

A bench comprising justices D.Y. Chandrachud and B.V. Nagarathna noted it as an important issue on the protection of buyers and further added that often, this issue is put on back foot by clauses in agreements made by builders.

The bench noted that a uniform builder-buyer agreement is required to be framed by the Centre to protect the interests of lakhs of home buyers. It observed the plea raises the grievance that in the absence of model agreement, flat purchasers are left at the mercy of developers regarding the terms and conditions.

The bench pointed out once the model buyer-builder agreement is framed by the Centre, then it may direct the state governments to follow it. It further emphasized that it is an important issue of consumer protection and often builders get away by putting any clause. "This purpose has to be achieved in the country", it observed.

The Supreme Court was hearing a plea filed by advocate Ashwini Upadhyay, who was represented by senior advocate Vikas Singh. During the hearing, Singh submitted that the Centre should give guidance at least, and emphasized on the importance of a model builder-buyer agreement.

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TAGS:supreme court model builder agreement 
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